HomeMy WebLinkAboutSILD 685 Contract with NorthWestern Energy STREET LIGHTING AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of December, 2006, by and
between NORTHWESTERN ENERGY, L.L.C., A Montana L.L.C., having its principal office and
place of business at 40 East Broadway, Butte, Montana, 59701 (hereinafter Company or NWE),
and the City of Bozeman, a municipal entity of the State of Montana, (hereinafter Customer).
WITNESSETH
WHEREAS, Special Improvement Lighting District No. 685 has been duly created by the
City of Bozeman; and
WHEREAS, Customer desires to obtain street lighting (hereinafter the System) within the
boundaries of said District; and
WHEREAS, the Company is willing to install, operate, maintain and supply electric energy
to the System upon the terms and conditions contained herein,
Now, THEREFORE, in consideration of the mutual covenants and agreements herein
specified by the parties, it is agreed as follows:
9. INSTALLATION AND OWNERSHIP OF LIGHTING
The Company undertakes and agrees to maintain within the boundaries of the System
the following Metal Halide (MH) units:
A. Two 175 Watt MH Lumec streetlights on 20' poles, eight 100 Watt MH Lumec
streetlights on 17.5' poles and one 70 Watt MH Lumec streetlights on 17.5' poles.
This system will serve Phases 2C&D, Blocks 9-14 of Baxter Meadows Subdivision.
Said lights shall be installed at locations agreed upon between the parties as shown on
Exhibit A, attached hereto. Company shall endeavor to accomplish installation as soon as
reasonably possible.
The system and all associated materials shall remain the property of the
company.
2. MAINTENANCE AND OPERATION
Locations and numbers of units may be modified only by mutual consent of the parties.
The Company agrees to maintain, operate and supply electric energy to the System for
the charges hereafter specified. Lights shall be turned on at dusk and turned off at dawn each
day during the term of this Agreement. These lights are non-core (non-standard) items for the
Company and, as such, the Company will not maintain an inventory of replacement poles,
fixtures or parts. If the Customer elects to maintain an inventory of replacement parts, the
Company will reimburse the Customer the cost of such components. Otherwise, the Company
will order replacement parts as the need arises and there will likely be some delay in procuring
replacement components.
The Company shall have no duty or obligation to patrol the System to determine that all
of said lights are in operating condition at all times, but will make necessary repairs and replace
lamps within a reasonable time after notice of any outage.
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3. CHARGES
a. Monthly Charges
The Customer undertakes and agrees to pay the Company for maintaining and
operating the System and for delivering electric energy thereto, as follows;
No. of Watts Type Unit Chg/Mo Total Chg1Mo
Units
Two 175 MH $42.89 $ 85.78
Eight 100 MH $40.19 $321.52
One 70 MH $39.20 $39.20
The unit charge for electric service shown above is based upon Rate Schedule ELDS-1
and is subject to amendment or revision by the Public Service Commission of Montana.
If the number of lighting units shall hereafter be increased upon agreement of the
Customer and The Company, the then applicable rate(s) shall apply to such additional units.
b. Additional Charges
The charges specified in the above schedule are based on normal conditions and do not
cover charges for extraordinary repair and/or replacement costs.
The company shall have the right to make an additional charge to the Customer for the
cost of labor (including applicable payroll overheads) and the actual material cost for repairs to
and/or replacement of the system for damage caused by third parties and not paid by such third
parties.
4. MONTHLY PAYMENT
a. Payment for the services rendered under this Agreement shall be due and
payable in cash or valid warrants at the office of the Company when rendered each month, and
will become delinquent ten (10) days thereafter. If any bill remains delinquent for more than
twenty (20) days, the Company may discontinue its service in accordance with its standard
termination procedures.
b. In the event product availability hinders replacement of a defective or failed
facility and an outage extends beyond one (1) month, upon the timely request of Customer, the
monthly charge will be abated until the outage has been repaired.
5. INTERRUPTIONS
It is understood and agreed that the Company shall not be liable for failure to comply
with any of the terms and conditions of this Agreement where failure is caused by acts of God,
governmental regulations or orders, strikes, or labor difficulties, fires, floods, droughts, riots,
destruction of property, or, without being limited by the foregoing, by any other cause beyond
the reasonable control of the Company-
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6. TERM
This Agreement shall be and remain in full force and effect for a period of 3 years from
the original date signed and shall thereafter continue in force and effect for successive 3-year
periods unless terminated by either party giving the other party 1-year written notice. If,
however, the customer terminates this Agreement before the Company recovers its installation
costs, the Customer agrees to reimburse the Company for the remaining installation costs.
7. NOTICE
Any notice to be given under this agreement may be served upon a party personally or
served by mail directed to the party at the following addresses:
COMPANY CUSTOMER
NORTHWESTERN ENERGY, L.L.C. THE CITY OF BOZEMAN
121 E GRIFFIN DR P.Q. Box 490
PO Box 490 BOZEMAN, MT
BOZEMAN, MT 59771-0490 59771-1230
IN WITNESS WHEREOF, THE parties hereto have caused this Agreement to be executed in
duplicate by their duly authorized Representative, the day and year first above written.
NORTHWESTERN ENERGY, THE CITY OF BOZEMAN
(COMPANY) (Customer)
BY: BY:
TITLE' VISION ANAGER TITLE: CITY MANAGER
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SYMBOL TOTAL TYPE CATALOG ARM HEADS HEIGHT CONFIG
LAMP FIXT. LENSE ARM POLE/HT- FIN. 111
5 P1 175-MH-OMS50-SG3-V-DMIA-SM65-20-BKTX 2' I 20' STACCEREp
31 P1 100•-MH-OMS50-SG3-V-OMIA-SM6F-18-BKTX 2' 1 175' STAGGERED !
t P1 70-MH-DMS50-SC7-V-OMIA.--SM6F-1 El-BKTX 2' 1 175' STAGGERED
EXST PH. 1 P1 100-MH-CMS50-SC3-V-OMIA-SM6F-18-BKTX 2' 1 173' STAGGERED
BAXTER MEADOWS PHASE 2A, 2B , 2C , & 2D
STREET LIGHT SITE PLAN 10/3/05
ORIGINALLY PREPARED BY COLLABORATWE DESIGN ARCHITECTS - MODIFIED BY PC DEVELOPMENT (PHASE 2C/0)
SCALE 1"=200'
,
COMMISSION RESOLUTION NO. 3871
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
685 (BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A,2B, 2C AND 2D)
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE
THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
13E IT RESOLVED by the City Commission (the "Commission") of the Ciby of Bozeman (the
1C�ty") Montana, as follows:
Section 1. Intention to Create District Proposed Improvements. 11 is the intention of this
Commission to create and establish in the City under Montana Code Annotated,Title 7,.Chapter 12, Part
43, as amended, a special improvement lighting district to serve the Baxter Moadows Subdivision PUD,
Phases 2A, 28, 2C and 2D(the"District")for the purpose of installing certain ligh-1ing fixtures and paying
annual ownership,maintenance and energy costs. Pursuant to an agreement(the"Aoreeriant")between
the City and Northwestern Energy(the"Company"),the Company vil l install,rnsintain.and provide energy
for thirty-seven ( 7) Domus Series light fixtures with segmented cut-off optics(the"Fixtures"), of which
five (5)will be 175-watt fixtures mounted at 20 feet; thirty-on (31)will be 100.-watt fixtures mounted at
171/2 feet; and one(1)will be a 70-watt fixture mounted at 17'/2 feet at the locations shown on Exhibit A
(the"Improvements"). The initial monthly charges per fixture per month (the"1Ftonthly Charge")are as
follows: $41.58 for the 175-watt fixtures, $39.05 for the 100-watt fixtures and $38.13 for the 70-watt
fixture, for a total of $1,456.58 per month. The initial Monthly Charge is based on price of Fixtures
quoted by manufacturer as of the date hereof, which are subject to increase on 30 days notice prior to
placing an order.
The Monthly Charge is composed of an ownership charge for the Fixtures,an energycharge and
a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased
as approved by the Montana Public Service Commission,the rates for each component of which will be
shown on the Company's Schedule No. ELDS-1. The costs of the Improvements will be payable from
special assessments to be levied against property in the District.
Section 2. Number of District. The District, if the same shall be created and established,
shall be known and designated as Special Improvement Lighting District No. 685 (Baxter Meadows
Subdivision PUD, Phases 2A, 2B, 2C and 2D) of the City of Bozeman, Montana.
Section 3. Boundaries of District. The limits and boundaries of the District are depicted
on a map attached as Exhibit B hereto(which is hereby incorporated herein and made a part hereof)and
more particularly described on Exhibit C hereto (which is hereby incorporated herein and made a part
hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of
each of the properties in the District is shown on Exhibit D hereto (which is hereby incorporated herein
and made a part hereof).
Section 4. Benefitted Property. The District and territory included within the limits and
boundaries described in Section 3 and as shown on Exhibits B, C and D are hereby declared to be the
special lighting district and the territorywhich will benefit and be benefitted by the Improvements and will
be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the
opinion of this Commission, are of more than local and ordinary benefit. The property included within
said limits and boundaries is hereby declared to be the property benefitted by the Improvements.
Section 5. Assessment Methods.
5.1 Property To Be Assessed. All properties within the District are to be
assessed for a portion of the costs of the Improvements,as specified herein. The costs
of the Improvements shall be assessed against the property in the District benefitting
from the Improvements, based on the actual area method of assessment described in
Sections 7-12-4323, M.C.A., as particularly applied and set forth in this Section 5.
5.2 Actual Area. All properties in the District will be assessed for their
proportionate share of the costs of the Improvements. The annual costs of the
improvements at the initial Monthly Charge is $17,478.96 per year, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs
that the area of such lot, tract or parcel bears to the total area of all lots, tracts or
parcels of land in the District, exclusive of streets, avenues and alleys. The total area
of the District to be assessed is 23.01 acres, or 1,002,524.68 square feet, exclusive of
parks and open space. The initial costs of the Improvements per acre shall be$759.62,
or$0.017435 per square foot.
Section 6. Payment of Assessments. Special assessments for the annual costs of the
Improvements in the initial amount of 17,478.96,plus any increases,as may be permitted by the Public
Service Commission, and any additional authorized charges shall be levied each year against all
properties in the District and shall be payable it aqua[ semiannual installments.
Section 7. Extraordinary Repair or Replacement. The costs of the Improvements and
assessments set forth in Section 1 and 5.2'are based on normal conditions and do not cover charges
for extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an
additional charge to the City for dolts df labor and,actual material costs for repairs and/or replacement
of the fixtures for damage caused by+,third_parties and not paid by such third parties. The Citywill assess
such costs and charges against the -properties in the District in the same manner as the other
assessment is made.
Section 8. Discontihuation of District. The City is obligated under the Agreement to
maintain the District for seven years_ If at any time after the initial term of the District a petition is
presented to the City Commission,signed bythe owners or agents of more than three-fourths of the total
amount of property within the district, asking that the maintenance and operation of the special fighting
system and the furnishing of electrical current in the district be discontinued, or if a majority of the City
Commission votes to discontinue a special improvement lighting district, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the district, entered into any contract for the maintenance and operation of the lighting
system,the maintenance and operation may not be discontinued until after the expiration of the contract.
Section 9. Public Hearing: Protests. At any time within fifteen(15)days from and after the
date of the first publication of the notice of the passage and approval of this resolution, any owner of real
property within the District subject to assessment and taxation for the cost and expense of making the
Improvements may make and file with the Clerk of the Commission until 5:00 p.m., M.T., on the
expiration date of said 15-day period (November 2, 2005) written protest against the proposed
Improvements, or against the extension or creation of the District or both, and this Commission will at
its next regular meeting after the expiration of the fifteen (15)days in which such protests in writing can
be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will
be held on Monday,the 7th day of November 2005, at 7:00 p.m., in the Community Room of the Gallatin
County Courthouse, 311 West Main Street, Bozeman, Montana.
Section 10. Notice of.,Passacie of Resolution of _Intention. The City Clerk is hereby
authorized and directed to publish or cause to be published a copy of a notice of the passage of this
resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on October
18 and October 25, 2005, in the form and manner prescribed by law, and to mail or cause to be mailed
a copy of said notice to every person,firm, corporation, or the agent of such person,firm, or corporation
having real property within the District listed in his or her name upon the last completed assessment roll
for state, county, and school district taxes, at his last-known address, on or before the same day such
notice is first published.
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PASSED AND ADOPTED by the City Commission oft e City of Bozeman, Montana,at a regular
session thereof held on the 17th day October 2005.
AN E ETRARO, Mayor
ATTEST:
9 O
ROBIN L. SULLIVAN
City Clerk
APPROVE S TO FORM:
P LU
City Attorney/
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 685
(BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A, 2B, 2C AND 2D)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 17,2005, the City Commission (the"Commission")of
the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Improvement
Lighting District No.685(the"District")forthe purpose of financing the costs of installing lighting improvements
(the"Improvements")to serve the Baxter Meadows Subdivision PUD, Phases 2A, 2B, 2C and 2D, and paying
ownership charge, maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") is on file with the City Clerk which
more specifically describes the nature of the Improvements,the boundaries and the area included in the District,
the location of the Improvements and othermatters pertaining thereto and further particulars. A Iistof properties
in the District and the amount of the initial assessment accompanies this notice.
Pursuant to an agreement (the' "Agreement") between the City and Northwestern Energy (the
"Company"), the Company will install (37) Domus Series light fixtures with segmented cut-off optics. (the .
"Fixtures"),of which five(5)will be 1757watt fixtures mounted at 20 feet;thirty-one(31)will be 100-watt fixtures.
mounted at 1T/12 feet;and one(1)will be a 70-wattfixture mounted at 17'/2 feet(the"Improvements"). ,The initial
monthly charges per fixture per month (the"Monthly Charge")areas follows: $41.58 for the-175-watt fixtures,
$39.05 for the 100-watt fixtures and $38.13 for the 70-watt fixture, for a total of $1,456.513 per month. The
Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for
operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the
Montana Public Service Commission.
All properties in the District will be assessed for their proportionate share of the costs of the
Improvements which will be payable in equal semiannual installments. The annual costs of the Improvements
at the initial Monthly Charge is$17,478.96 per year,and shall be assessed against each lot, tract or parcel of
land in the District for that part of the costs that the area of such lot,tract or parcel bears to the total area of all
lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the
District to be assessed is 23,09 acres, or 1,002,524.68 square feet, exclusive of parks and open space. The
initial costs of the Improvements per acre shall be $759.62, or $0.017435 per square foot. The annual
assessments for costs of the Improvements may be increased as approved by the Public Service Commission
and may be increased to cover extraordinary expenses of repair and maintenance.
On Monday, November 7, 2005, at 7:00 p.m., in the Community Room of the Gallatin County
Courthouse,311 West Main Street, Bozeman,Montana,the City Commission will conduct a public hearing and
pass upon all written protests against the creation or extension of the District, or the Improvements.
Written protests against the creation or extension of the District and the Improvements may be filed
by an agent, person, firm or corporation owning real property within the proposed District whose property is
liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal
Building, 411 East Main Street,Bozeman, Montana not laterthan 5:00 p.m., M-T.,on Wednesday, November
2, 2005.
Further information regarding the proposed District or other matters in respect thereof may be
obtained from the City Clerk at the Municipal Building, 411 l=ast Main Street, Bozeman, Montana or by
telephone at(406) 582-2320.
Dated: October 18, 2005
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
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Robin L. Sullivan
City Clerk
Legal Ad
Publication Dates: October 18 and October 25, 2005